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  • In Re: Gerald Felton, 4th Cir. (2013)

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    Gerald Felton filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his Rule 60(b) motion. The appeals court denied the petition, finding no undue delay based on the current record. It denied Felton's motion to proceed in forma pauperis and dispensed with oral argument, determining the facts and legal issues were adequately presented in the court materials. The petition for a writ of mandamus against the district court was denied.

    Original Description:

    Filed: 2013-01-11 Precedential Status: Non-Precedential Docket: 12-2164

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    Gerald Felton filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his Rule 60(b) motion. The appeals court denied the petition, finding no undue delay based on the current record. It denied Felton's motion to proceed in forma pauperis and dispensed with oral argument, determining the facts and legal issues were adequately presented in the court materials. The petition for a writ of mandamus against the district court was denied.

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    9 views2 pages

    In Re: Gerald Felton, 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    Gerald Felton filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his Rule 60(b) motion. The appeals court denied the petition, finding no undue delay based on the current record. It denied Felton's motion to proceed in forma pauperis and dispensed with oral argument, determining the facts and legal issues were adequately presented in the court materials. The petition for a writ of mandamus against the district court was denied.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-2164

    In Re:

    GERALD FELTON,
    Petitioner.

    On Petition for Writ of Mandamus.


    (5:93-cr-00123-F-1)

    Submitted:

    January 4, 2013

    Decided:

    January 11, 2013

    Before NIEMEYER, MOTZ, and DAVIS, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Gerald Felton, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Gerald

    Felton

    petitions

    for

    writ

    of

    mandamus,

    alleging that the district court has unduly delayed in ruling on


    his motion under Fed. R. Civ. P. 60(b).

    He seeks an order from

    this court directing the district court to act.

    We find that

    the present record does not reveal undue delay in the district
    court.
    leave

    Accordingly, we deny the mandamus petition.


    to

    proceed

    in

    forma

    pauperis

    and

    dispense

    We deny
    with

    oral

    argument because the facts and legal contentions are adequately


    presented in the materials before this court and argument would
    not aid the decisional process.
    PETITION DENIED

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